Sentencing

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Sentencing

Different crimes carry different consequences. Even crimes that fall under the same general category (assault), but that fall into different degrees have different punishment. Here is a comprehensive list of punishments and sentencing for each crime.

Assault in the First Degree – Class B Felony

  • 1-20 year prison sentence and/or a fine of up to $15,000.
  • Assault with a deadly weapon or dangerous instrument is 5-20 years in prison with five years mandatory.
  • 10-20 years with 10 mandatory if the victim is under 10 years of age in any of the above sections or if the victim of the offense is a witness if the actor knew the victim was a witness.

Assault in the Second Degree- Class D Felony

Assault in the Second Degree with a Firearm – Class D Felony

  • 1-5 years in prison, with a mandatory one year requirement.
  • Fine of up to $5,000.

Assault on a Pregnant Person Resulting in Termination of Pregnancy – Class A Felony

  • No less than 10 year prison sentence nor more than 25 year sentence.
  • A fine of up to $20,000.

Assault on a DOC Worker – Class B Felony

  • 1-20 year prison sentence.
  • 5-20 year prison sentence for assault with deadly weapon.
  • Sentence is consecutive to any sentence a person was currently serving.
  • Fine of up to $15,000.

Assault of an Elderly, Blind, Disabled or Pregnant Person or a Person with Intellectual Disability in the Second Degree – Class D Felony

  • Sentencing: Prison sentence of which at least two years cannot be suspended or reduced.
  • Fine of up to $5,000.

Assault of an Elderly, Blind, Disabled or Pregnant Person or a Person with Intellectual Disability in the Second Degree with a Firearm – Class D Felony

  • Sentencing: Prison sentence of which at least three years cannot be suspended or reduced by the court.
  • Fine of up to $5,000.

Assault in the Second Degree with a Motor Vehicle – Class D Felony

  • Suspension the motor vehicle operator’s license for one year.
  • Use of an ignition interlock device in the operator’s motor vehicle(s) for two years after the DMV restores their driving privileges.
  • Prison sentence of up to one year and/or fine of up to $5,000.

Assault in the Third Degree – Class A Misdemeanor

Assault of an Elderly, Blind, Disabled or Pregnant Person or a Person with Intellectual Disability in the Third Degree – Class A Misdemeanor

  • Any person found guilty under this section will receive a prison sentence of which one year may not be suspended or reduced and/or a fine of up to $2,000.

Breach of the Peace in the First Degree – Class D Felony

  • 1-5 year prison sentence.

Breach of Peace in the Second Degree – Class B Felony

  • Up to six months in prison.

Disorderly Conduct – Class C Misdemeanor

Threatening in the First Degree – Class D Felony

  • 1 – 5 year prison sentence.

Threatening in the Second Degree – Class A Misdemeanor

  • Up to 12 month jail sentence.

Interfering with an Officer – Class A Misdemeanor

  • Up to 12 months in jail.
  • If the violation of the statute causes the death or serious physical injury of another person, it is a Class D felony. 1-5 year prison sentence for this offense.

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